HomeMy WebLinkAbout5866 TORO N S N Standard Tower Renewal Monthly Payments
Service Agreement and Extended Warranty
Toro National Support Network (TORO NSN) provides a dedicated and accessible resource for software support
and Toro central control system troubleshooting, problem solving and system operation assistance. TORO NSN
wishes to establish continuity in its relationships with the highest level of customer satisfaction possible. This
Standard Tower Renewal Service Agreement and Extended Warranty(Agreement) is a legal agreement between
The Toro Company, represented by its division Toro National Support Network (hereinafter referred to as "TORO
NSN") and CITY OF BREMERTON (Customer) and becomes effective upon receipt of the signed Agreement and
initial payment due at the TORO NSN office. In the case of customers with existing Agreements, this Agreement
becomes effective upon receipt of the signed Agreement and initial payment and the expiration or cancellation of
your existing Agreement. In consideration for Customer's payment of all applicable fees, TORO NSN shall provide
the following:
I. HARDWARE
TORO NSN, pursuant to this Agreement with the Customer shall provide the Customer one standard computer
tower that meets or exceeds the specifications described in Attachment A of this Agreement.
II. SOFTWARE
TORO NSN, pursuant to this Agreement with the Customer shall provide the Customer the software that meets or
exceeds the specifications described in Attachment A of this Agreement.
III. TORO NSN WARRANTY
A. HARDWARE
TORO NSN, pursuant to this Agreement warrants the Customer's most current TORO central computer system
and TORO components in the central control system (i.e. Narrow Band Base Station, DIU, FIU, NB-HHRI,
Gateway, RIU and Turfguard)(collectively referred to as "Hardware") against defects in material and workmanship
for a period described below, provided such hardware is used according to recommended specifications.
Regarding any and all radio communications system(s) and related components that are purchased from Toro, it
is the client, and not Toro, that is responsible for obtaining, complying with, and maintaining, at client's expense,
any and all licenses, permits, codes and other such regulatory requirements related to construction, zoning,
clearance and other such regulation as issued and enforced by all applicable international, federal, state, county,
municipal, local and other governing bodies including but not limited to, The Federal Communications
Commission (FCC), The Federal Aviation Administration (FAA), The Environmental Protection Agency (EPA), or
any state legislature, county commission, county zoning board, city council, city/municipal zoning board, county
building inspection department, city/municipal inspection department, etc.
During the warranty period, TORO NSN will repair or replace at TORO NSN option, any part found to be
defective. The Customer's remedy is limited solely to the replacement or repair of defective parts.
This warranty does not apply (i) to acts of God (e.g. earthquakes, flooding, lightning, etc.); (ii) to non-TORO
additional hardware; (iii) to hardware installed by anyone other than TORO NSN or its designated agent; (iv) to
hardware that is used in any manner contrary to TORO NSN specifications and instructions; (v) to hardware that
is altered or modified; (vi) to damage caused by fire or losses incurred due to theft; (vii) to consumable items such
as printer cartridges, disks, cd caddies, etc.
Components or hardware added by TORO NSN at the Customer's request that are not part of the published
TORO central computer system specifications are covered by manufacturer's warranty only. In the event a
replacement component must be shipped, the Customer will receive original standard components until the non-
standard component can be repaired or replaced by the manufacturer. Any costs associated with the repair or
replacement of a non-standard component will be the responsibility of the Customer.
Unlimited Toll-Free Support Monday—Friday 6:00 a.m.—6:00 p.m. Central Time at 1-800-275-8676
(1-800-ASK-TORO)
Operated during the hours of 6:00 a.m. through 6:00 p.m. Central Time, the toll-free help line is available to assist
with questions or issues relating to the operation of the TORO central control system. Issues which cannot be
diagnosed will be referred to the appropriate Toro technical or distributor staff. The precise service hours are
dictated by support call demand and are subject to change accordingly without notice.
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After-hours On-call Support Technician
Emergency support is available after-hours and on weekends and holidays through the TORO NSN paging
system by calling 1-800-275-8676 (1-800-ASK-TORO)and following the instructions.
"Minimum Down-Time" Commitment
In the event that a warranty component must be replaced under this Agreement, the support technician logging
the call from the Customer will arrange to place a replacement component with a third-party courier for delivery on
the next shipping day if the call is received by 1:00 p.m. Central Time. All calls received after this time, calls
received on days when volume of replacement components is high, or calls received on weekends and holidays
are not guaranteed for overnight delivery, but will receive priority handling the next business day. Shipments
whose destinations are beyond the borders of the continental United States cannot be guaranteed overnight
delivery based on varying turnaround times associated with customs. Allow a minimum of 48-hours in these
cases. TORO NSN assumes no responsibility for the delivery guarantees of the overnight courier, and is not
responsible for delays after the package is in transit. Customer agrees to return the replaced component to
TORO NSN within seven business days.
Warranty Period
Three Years, effective upon receipt of the signed Agreement and initial payment due at the TORO NSN office. In
the case of customers with existing Agreements, this Agreement becomes effective upon receipt of the signed
Agreement and initial payment and the expiration or cancellation of your existing Agreement.
B. SOFTWARE
Non-Toro Software applications provided with this Agreement are warranted exclusively by their respective
manufacturers.
C. DISCLAIMER
TORO NSN DISCLAIMS ALL OTHER WARRANTIES IN CONNECTION THEREWITH, EITHER EXPRESSED
OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS GIVEN THAT THE HARDWARE AND
SOFTWARE WILL MEET CUSTOMER REQUIREMENTS, OR THAT USE OF THE HARDWARE OR
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT WILL TORO NSN BE LIABLE
FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, GENERAL OR CONSEQUENTIAL DAMAGE OR LOSS
OF ANY NATURE THAT MAY ARISE IN CONNECTION WITH THE USE OR INABILITY TO USE THE
HARDWARE OR SOFTWARE. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF ANY
IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO ALL CUSTOMERS. THE
EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE, AT TORO NSN'S OPTION, EITHER REPAIR
OR REPLACEMENT OF THE HARDWARE OR PORTIONS THEREOF IF DEFECTIVE. THIS AGREEMENT
DOES NOT COVER DAMAGE SUSTAINED TO THE SYSTEM AS A RESULT OF OWNER/OPERATOR
NEGLIGENCE, ELECTRICAL POWER INTERRUPTION, LIGHTNING, FIRE, THEFT OR ACTS OF GOD.
IV. SUPPORT SERVICES
In consideration for Customer's payment of all applicable fees, TORO NSN shall provide the Support Services
described below ("Support Services"). TORO NSN will make Support Services available for all Hardware and
Software provided by TORO NSN to the Customer during the term of this Agreement.
Unlimited Toll-Free Support Monday—Friday 6:00 a.m.—6:00 p.m. Central Time at 1-800-275-8676
(1-800-ASK-TORO)
Operated during the hours of 6:00 a.m. through 6:00 p.m. Central Time, the toll-free help line is available to assist
with questions or issues relating to the operation of the TORO central control system. Issues which cannot be
diagnosed, will be referred to the appropriate Toro technical or distributor staff. The precise service hours are
dictated by support call demand and are subject to change accordingly without notice.
After-hours On-call Support Technician
Emergency support is available after-hours and on weekends and holidays through the TORO NSN paging
system by calling 1-800-275-8676 (1-800-ASK-TORO) and following the instructions.
Future TORO Software
During the term of this Agreement, Customer will receive TORO software service packs (Software fixes for
recognized issues) at no charge should such service packs become available. Additionally, Customer will receive
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a preferred discount on all future TORO central control system enhancement modules (Software enhancements
that deliver additional functionality or support new irrigation products) should such modules become available.
Operating System Software
Successive operating system and computer software releases (in development at the time of issuance of this
Agreement or to be developed at a later date) by Microsoft® or other manufacturers and subscriptions for other
software applications are not provided as a part of any extended warranty or agreement available through TORO
NSN.
Term of Support Services
Three Years, effective upon receipt of the signed Agreement and initial payment due at the TORO NSN office. In
the case of customers with existing Agreements, this Agreement becomes effective upon receipt of the signed
Agreement and initial payment and the expiration or cancellation of your existing Agreement.
V. FINANCIAL TERMS AND CONDITIONS
Insurance
The Customer, pursuant to this Agreement with TORO NSN, will insure the Hardware and Software against all
hazards. Customer remains obligated to the financial terms of this Agreement regardless of damage or loss.
Maintenance
The Customer will keep the Hardware and Software in good condition and free from liens and other security
interests, will pay promptly all taxes and assessments upon them or with respect to their use, will not use the
goods illegally or dispose or encumber them, will not remove them from the premises to which they are delivered,
without the written prior consent of TORO NSN and will not permit them to be fixtures, or become accessions to
other goods.
Financial Terms
The Customer, pursuant to this Agreement with TORO NSN agrees to the Financial Terms and Payment
Schedule. If mandated by taxing authorities, TORO NSN must collect sales tax on the full amount of the
Hardware and Software provided by this Agreement upon the effective date. The Support Service portion of this
Agreement will be taxed on the monthly invoice if state-mandated. Import/duty fees or currency conversions are
the Customer's responsibility; all amounts quoted and payable in U.S. dollars.
Total Amount Payable to TORO NSN $7,488.00
Hardware/Software $1,908.00
Support Services $5,580.00
Initial Amount Payable to TORO NSN
First Payment $ 208.00
Sales Tax $ 171.72
Initial Amount Payable to TORO NSN $ 379.72
Payment Schedule
The Customer, pursuant to this Agreement with TORO NSN agrees to submit the Initial Amount Payable as
defined in FINANCIAL TERMS with the signed Agreement to TORO NSN to establish the effective date of this
Agreement. Thereafter, monthly payments of$208.00 are due on the first day of each month during the term of
this Agreement, starting with the month following the effective date, and continuing for a total of 36 monthly
payments. The Customer agrees to pay a $10.00 late charge for each payment not received by TORO NSN
within fifteen days after it is due. TORO NSN is not responsible for delivery of services during any period in which
payments are in arrears.
Default
If the customer fails to make any payment under this Agreement when it is due, TORO NSN may terminate this
Agreement. In the event of default by either party, the defaulting party must pay all expenses paid by the non-
defaulting party to enforce its rights under this Agreement including reasonable attorney's fees and collection
costs as permitted by law. In the event of default by the Customer, TORO NSN has the right to assign any
collection action.
VI. GENERAL
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Modification
This Agreement comprises the entire Agreement between TORO NSN and the Customer with respect to Support
Services and Warranties. There is no other agreement. Any change in this Agreement must be in writing and
signed by the Customer and TORO NSN.
Termination
This Agreement shall terminate upon the end of the term of this Agreement, upon non-payment, or failure to
return replaced components pursuant to the terms of this Agreement. In the event of termination due to non-
payment or the failure to return replaced components, Customer is obligated to pay the outstanding Hardware
and Software balance due TORO NSN as agreed in the FINANCIAL TERMS of this Agreement. Customer may
renew this Agreement (pay to extend the warranty and support period) at any time before its expiration by
contacting the TORO NSN Sales Department at 1-888-676-8676 Option 1 or 3.
Indemnity
The Customer will indemnify TORO NSN from all claims, losses and costs arising out of the use or condition of
the TORO central control system during the term of this Agreement. Customer is solely responsible for any
failure of the product which results from accident, abuse, misapplication or alteration of the product, and TORO
NSN assumes no liability as to consequence of such events under the terms of this Agreement. TORO NSN
does not provide property and/or liability insurance.
General
Except as otherwise provided by the law where the Customer resides, the law that will apply to this Agreement is
the law of the state where TORO NSN's place of business is located. If that law does not allow any of the
provisions in this Agreement, the ones that are not allowed will be void. The rest of this Agreement will still be
valid.
An authorized representative of the Customer must sign this Agreement and return it to TORO NSN:
Mailing: TORO NSN Shipping: TORO NSN
Sales Department Sales Department
P. 0. Box 3339 500 Chestnut, Suite 400
Abilene, Texas 79604-3339 Abilene, Texas 79602
Phone: 1-888-676-8676, press 1 or 3 for Sales
325-673-8765 (Fax)
This Agreement will take effect upon receipt of the signed Agreement and initial payment due at the
TORO NSN office. In the case of customers with existing Agreements, this Agreement becomes effective
upon receipt of the signed Agreement and initial payment and the expiration or cancellation of your
existing Agreement.
TORO NSN Authorized Representative (Signature) Custome A horized Representative� (Signature)
MALISSA LAMBERT,SALES ASSOCIATE COORDINATOR JEW .. VALE) . DIQ6C�OYL tiv�1116m J PM2K.i$AtjuatUmi
TORO NSN Authorized Representative(Printed Name&Title) Customer Authorized Representative(Printed Name&Title)
TORO NSN CITY OF BREMERTON /601.0 M17 Gtx-F colo r
Installation Name (Printed) Installation Name (Printed)
August 2, 2018 6eisikley (2 , 2018
Date Date
As the authorized Customer Representative signed above, permission (please indicate your choice by initialing) is
is not granted to TORO NSN to contact Customer whether directly or electronically (phone, fax and/or
email) regarding its products and services (such as tech tips, renewal information, newsletters, etc.). This
permission can be revoked by contacting TORO NSN. F03-0056 Rev. B 09/06/2006(E05035665)
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ATTACHMENT A
COMPUTER SYSTEM SPECIFICATIONS FOR RENEWAL PLANS
COMPONENTS STANDARD PREMIUM
Case Systium Model 52603EX-25 uATX Micro- Systium Model 52603EX-25 uATX Micro-
Tower,15 pounds,13"x5.4"x15.5",Matte Tower, 15 pounds,13"x5.4"x15.5",Matte
Systium 450W, PFC,80PIus,90—264Vac, Systium 450W,PFC,80Plus,90—264Vac,
Power Supply 47-63Hz,115V@<5.5Arms,230V@<3.0Arms, 47-63Hz,115V@<5.5Arms,230V@<3.0Arms,
MTBF—100,000 hrs MTBF—100,000 hrs
AAEON IMBM-H110A Industrial AAEON IMBM-H110A Industrial Motherboard,
Motherboard Motherboard,Micro-ITX, LGA1151 socket, Micro-ITX,LGA1151 socket,Intel H110
Intel H110 Chipset Chipset
Intel Socket LGA1151,7"'Generation Intel Socket LGA1151,7`h Generation
Processor
Intel Core i5(3.4—3.9GHz) Intel Core i7(3.6—4.2GHz)
co RAM 8.0GB—1 x DDR4 2400/2133/1867 MHz, Dual 16.0GB-2 x DDR4 2400/2133/1867 MHz,Dual
Channel,UDIMM.(2 slots,32 GB max) Channel, UDIMM.(2 slots,32 GB max)
a Audio Realtek ALC887(Colay with ALC886) Realtek ALC887(Colay with ALC886)
(3)Audio Jacks(Mic-in, Line-in,Line-out) (3)Audio Jacks(Mic-in, Line-in,Line-out)
Network Interface (2)RJ45 Intel I211AT Giga LAN on rear I/O
(2)RJ45 Intel 1211AT Giga LAN on rear I/O
Primary Storage Device (1)256GB Micron SSD (1)512GB Micron SSD
I-
a Optical Drive NONE NONE
-c
Expansion Slots (5)1 x PCIe[x16],2 x PCIe[x1] (open edge), (5)1 x PCIe[x16],2 x PCIe[x1](open edge), 1
1xPCI,1xM.2Mkey) x PCI,1 x M.2 M key)
v
o Intel HD Graphics Intel HD Graphics
(4)1 x VGA,1 x DVI-D,2 x HDMI(Maximum (4) 1 x VGA, 1 x DVI-D,2 x HDMI(Maximum of
v Video/Graphics of 2 can be used at the same time) 2 can be used at the same time)
w Resolution—VGA/DVI-up to 1920 x 1200 @ Resolution—VGA/DVI-up to 1920 x 1200 @
60Hz,HDMI—up to 4096 x 2304 @ 24HZ. 60Hz, HDMI—up to 4096 x 2304 @ 24HZ.
m
o (6)1 x RS-232/422/485 Integrated at rear I/O, (6) 1 x RS-232/422/485 Integrated at rear I/O,
n
E Serial(COM)Ports 1 x RS-232 9 pin single port header,4 x RS- 1 x RS-232 9 pin single port header,4 x RS-
232 9 pin dual port headers 232 9 pin dual port headers
N (6)4 x USB 3.0 on rear panel,2 x USB 2.0 in (6)4 x USB 3.0 on rear panel,2 x USB 2.0 in
✓ USB Ports front
front
PS/2 Ports (2)1 x Stack Port(1 x Keyboard, 1 x Mouse) (2)1 x Stack Port(1 x Keyboard, 1 x Mouse)
(1)128GB Flash Drive,Internal (1)128GB Flash Drive,Internal
Backup/Recovery Device,
Media,Software (1)8 GB USB 2.0 Mini Flash Drive(Portable) (1)8 GB USB 2.0 Mini Flash Drive(Portable)
Second Copy(License Only) Second Copy(License Only)
OS Recovery Device/Software (1) 128GB Internally mounted USB Flash (1)128GB Internally mounted USB Flash
Drive,Symantec Ghost Drive,Symantec Ghost
Operating System Windows®10 IOT Enterprise, Embedded, Windows®10 IOT Enterprise, Embedded,
Multi-language,64 bit Multi-language,64 bit
Antivirus Software Emsisoft Antimalware(5 year)(License only) Emsisoft Antimalware(5 year)(License only)
Speakers Stereo—On Monitor Stereo—On Monitor
Mouse Logitech MK320 Mouse/Keyboard Combo, Logitech MK320 Mouse/Keyboard Combo,
Wireless Wireless
Keyboard Logitech MK320 Mouse/Keyboard Combo, Logitech MK320 Mouse/Keyboard Combo,
Wireless Wireless
Monitor 24"ViewSonic® LED Wide Screen Flat Panel 32"ViewSonic® LED Wide Screen Flat Panel
with speakers with speakers
Battery Backup EATON/Powerware 5S1000LCD UPS 1000(or EATON/Powerware 5S1500LCD UPS 1500(or
equivalent)1 equivalent)
Printer Canon PIXMA iP7220 Series' Canon PIXMA iP7220 Series'
Accessory Kit See Below** See Below**
**Accessory kit contains:1 —RS-232 in-line surge protection device, 1 -mouse pad. 1 -1 USB printer cable, 1 —computer power cord,
and any other necessary cables and/or software.
This publication supersedes all previous computer specifications for renewal plans and is subject to change without notice.
Toro NSN Effective 01/1/2018